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What is the concept of separation of powers? 

There are three branches of the government â legislative, executive and

 judicial. Each department of the government has exclusive cognizance of the

matters within its jurisdiction, and is supreme within its own sphere. But it doesnot follow from the fact that the three powers are to be kept separate and

distinct that the Constitution intended them to be absolutely unrestrained and

independent of each other. The Constitution has provided for an elaborate

system of checks and balances to secure coordination in the workings of the

various departments of the government.

What is âcongressional oversightâ? 

Broadly defined, the power of oversight embraces all activities undertaken by

Congress to enhance its understanding of and influence over the implementation

of legislation it has enacted. Clearly, oversight concerns post-enactment measures

undertaken by Congress: (a) to monitor bureaucratic compliance with program

objectives, (b) to determine whether agencies are properly administered, (c) to

eliminate executive waste and dishonesty, (d) to prevent executive usurpation of 

legislative authority, and (e) to assess executive conformity with the

congressional perception of public interest. The power of oversight has been held

to be intrinsic in the grant of legislative power itself and integral to the checks and

balances inherent in a democratic system of government.

What are the categories of congressional oversight functions?  

The acts done by Congress purportedly in the exercise of its oversight powers may

be divided into three categories, namely: (1) supervision, which connotes a

continuing and informed awareness on the part of a congressional committee

regarding executive operations in a given administrative area; (2) scrutiny,

primarily intended to determine economy and efficiency of the operation of 

government activities, exercised through budget hearings, the âquestion

hourâ and the power of confirmation; and (2) investigation, which is alsoknown as the âinquiry in aid of legislationâ.

What is the basis the power of âinquiry in aid of legislationâ? 

The Congressional power of inquiry is expressly recognized in Section 21 of Article

VI of the Constitution:

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SECTION 21. The Senate or the House of Representatives or any of its respective

committees may conduct inquiries in aid of legislation in accordance with its duly

published rules of procedure. The rights of persons appearing in or affected by

such inquiries shall be respected.

Even without this express Constitutional provision, the power of inquiry is

inherent in the power to legislate. The power of inquiry, with process to enforce

it, is grounded on the necessity of information in the legislative process. If the

information possessed by executive officials on the operation of their offices is

necessary for wise legislation on that subject, by parity of reasoning, Congress has

the right to that information and the power to compel the disclosure thereof.

Why is âinquiry in aid of legislationâ important under the separation of 

powers? 

Under the separation of powers, Congress has the right to obtain information

from any source â even from officials of departments and agencies in the

executive branch. It is this very separation that makes the congressional right to

obtain information from the executive so essential, if the functions of the

Congress as the elected representatives of the people are adequately to be

carried out.

Is the Supreme Court covered by the Congressional power of inquiry?  

No. Members of the Supreme Court are exempt from this power of inquiry on the

basis not only of separation of powers but also on the fiscal autonomy and the

constitutional independence of the judiciary.

Is the power of inquiry subject to judicial review?  

Yes. It may be subjected to judicial review pursuant to the Supreme Courtâs

certiorari powers under Section 1, Article VIII of the Constitution. Since the right

of Congress to conduct an inquiry in aid of legislation is, in theory, no lesssusceptible to abuse than executive or judicial power.

Is the President covered by the power of inquiry? 

No. The President, on whom executive power is vested, is beyond the reach of 

Congress, except through the power of impeachment. It is based on the

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Presidentâs position as the highest official of the executive branch, and the

due respect accorded to a co-equal branch of government which is sanctioned by

a long-standing custom.

D

oes the power to inquire extend to officials in the executive branch?  

Yes. The power of inquiry is broad enough to cover officials of the executive

branch. The power of inquiry is co-extensive with the power to legislate. The

matters which may be a proper subject of legislation and those which may be a

proper subject of investigation are one. It follows that the operation of 

government, being a legitimate subject for legislation, is a proper subject for

investigation. Since Congress has authority to inquire into the operations of the

executive branch, it would be incongruous to hold that the power of inquiry does

not extend to executive officials who are the most familiar with and informed on

executive operations.

Are there limitations to this power? If yes, what are these limitations? 

Yes. As now contained in the 1987 Constitution (Section 21, Article VI), the power

of Congress to investigate is circumscribed by three limitations, namely: (a) it

must be in aid of its legislative functions, (b) it must be conducted in accordance

with duly published rules of procedure, and (c) the persons appearing therein are

afforded their constitutional rights, including the right to be represented by

counsel and the right against self-incrimination.

In addition, even where the inquiry is in aid of legislation, there are still

recognized exemptions to the power of inquiry, which exemptions fall under the

rubric of âexecutive privilege.â 

What is âexecutive privilegeâ? 

Executive privilege is not a clear or unitary concept, although it has been defined

as âthe power of the Government to withhold information from the public, thecourts, and the Congressâ or âthe right of the President and high-level

executive branch officers to withhold information from Congress, the courts, and

ultimately the public.â 

Does executive privilege refer to persons? 

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No. Executive privilege is properly invoked in relation to specific categories of 

information and not to categories of persons. Executive privilege, whether

asserted against Congress, the courts, or the public, is recognized only in relation

to certain types of information of a sensitive character.

What matters are covered by âexecutive privilege? 

The matters covered under âexecutive privilegeâ include: (1) Information

between inter-government agencies prior to the conclusion of treaties and

executive agreements; (2) Presidential conversations, correspondences, and

discussions in closed-door Cabinet meetings; and (3) Matters affecting national

security and public order.

How is this invoked? 

When an official is being summoned by Congress on a matter which, in his own

 judgment, might be covered by executive privilege, he must be afforded

reasonable time to inform the President or the Executive Secretary of the possible

need for invoking the privilege. This is necessary in order to provide the President

or the Executive Secretary with fair opportunity to consider whether the matter

indeed calls for a claim of executive privilege. If, after the lapse of that reasonable

time, neither the President nor the Executive Secretary invokes the privilege,

Congress is no longer bound to respect the failure of the official to appear before

Congress and may then opt to avail of the necessary legal means to compel hisappearance.

Is an implied claim of executive privilege valid?  

No. A claim of privilege, being a claim of exemption from an obligation to disclose

information, must be clearly asserted. An implied claim of privilege is invalid per

se. The validity of claims of privilege must be assessed on a case to case basis,

examining the ground invoked therefore, and the particular circumstances

surrounding it.

What is the âQuestion Hourâ? 

In the context of a parliamentary system of government, the âquestion

hourâ is a period of confrontation initiated by Parliament to hold the Prime

Minister and the other ministers accountable for their acts and the operation of 

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the government, corresponding to what is known in Britain as the question

period. The framers of the 1987 Constitution removed the mandatory nature of 

such appearance during the question hour in the present Constitution so as to

conform more fully to a system of separation of powers. This is provided in Article

VI, Section 22 of the Constitution:

SECTION 22. The heads of departments may upon their own initiative, with the

consent of the President, or upon the request of either House, as the rules of 

each House shall provide, appear before and be heard by such House on any

matter pertaining to their departments. Written questions shall be submitted to

the President of the Senate or the Speaker of the House of Representatives at

least three days before their scheduled appearance. Interpellations shall not be

limited to written questions, but may cover matters related thereto. When the

security of the State or the public interest so requires and the President so statesin writing, the appearance shall be conducted in executive session.

Is the power of inquiry in aid of legislation the same as the âQuestion

Hourâ? 

No. Section 21 (inquiry in aid of legislation) and Section 22 (question hour) of 

Article VI of the Constitution are closely related and complementary to each

other, but they do not pertain to the same power of Congress. One specifically

relates to the power to conduct inquiries in aid of legislation, the aim of which is

to elicit information that may be used for legislation, while the other pertains to

the power to conduct a question hour, the objective of which is to obtain

information in pursuit of Congressâ oversight function. While attendance was

meant to be discretionary in the question hour, it was compulsory in inquiries in

aid of legislation.

If a person is cited in contempt and imprisoned in relation to the Congressional

exercise of inquiry in aid of legislation, how long will the imprisonment last?  

This is tackled by the Supreme Court in Arnault vs. Nazareno, where the petitionerargued that the Senate lacks authority to commit him for contempt for a term

beyond its period of legislative session. According to the Supreme Court:

That investigation has not been completed because of the refusal of the

petitioner as a witness to answer certain questions pertinent to the subject of the

inquiry. The Senate has empowered the committee to continue the investigation

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during the recess. By refusing to answer the questions, the witness has

obstructed the performance by the Senate of its legislative function, and the

Senate has the power to remove the obstruction by compelling the witness to

answer the questions thru restraint of his liberty until he shall have answered

them. That power subsists as long as the Senate, which is a continuing body,persists in performing the particular legislative function involved. To hold that it

may punish the witness for contempt only during the session in which

investigation was begun, would be to recognize the right of the Senate to perform

its function but at the same time to deny to it an essential and appropriate means

for its performance. Aside from this, if we should hold that the power to punish

for contempt terminates upon the adjournment of the session, the Senate would

have to resume the investigation at the next and succeeding sessions and repeat

the contempt proceedings against the witness until the investigation is

completed-an absurd, unnecessary, and vexatious procedure, which should beavoided.

As against the foregoing conclusion it is argued for the petitioner that the power

may be abusively and oppressively exerted by the Senate which might keep the

witness in prison for life. But we must assume that the Senate will not be

disposed to exert the power beyond its proper bounds. And if, contrary to this

assumption, proper limitations are disregarded, the portals of this Court are

always open to those whose rights might thus be transgressed